News from Gulf News (here) of the creation of a new endowment for youth projects which includes, amongst many other benefits, advice on intellectual property. The report reads:
"Dubai: An innovative endowment fund to support youth projects was launched on Tuesday by the UAE Youth Council (UAEYC).
Contributing organisations to the endowment will provide services valued at Dh5 million annually, amounting to endowment assets of Dh63 million.
The endowment will bet set up in cooperation with the Mohammad Bin Rashid Global Centre for Endowment Consultancy (MBRGCEC). Unlike traditional endowments that provide financial assistance, this innovative endowment will also allow contributing organisations to provide additional services.
The project will see the contribution of six organisations: In5 innovation centre, Dubai Technology Entrepreneurship Centre, Impact Hub, UAE Barq, Wamda and a group of lawyers established in compliance with Dubai Chamber’s statute.
In5 centre will be offering endowment services to a group of youth projects, services include providing them with a workspace, meeting halls, production studios and technology labs. It will also offer training programmes.
UAE Barq will offer a media platform to support youth projects, such as providing them with advertisement services to promote their projects to a wide audience by using UAE Barq’s various media channels. Youths will also have access to promotional and counselling services from Wamda in order to boost the success of their business.
The Lawyers work group will offer a legal bundle that include training programmes for youth projects that deal with commercial contracts, franchising, intellectual property, commercial and employee-related issues, as well as commercial arbitration. The group will also allocate consultation hours to answer any legal inquiries posed by youths with business projects and ideas.
Shamma Suhail Faris Al Mazroui, Minister of State for Youth, said that the global vision of the endowment, which was launched by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, revived the concept of endowments as a tool for developing societies.
Al Mazroui indicated that youth projects are a key pillar for economies of various societies. She pointed out that the cooperation between the UAEYC and MBRGCEC has created an opportunity for the UAE to be one of the top countries in supporting Emirati youths’ projects by using an innovative endowment that will contribute to the UAE’s economic development.
She thanked all organisations who provided innovative endowment-related solutions that contribute to developing an ideal business environment for youth projects. Al Mazroui expressed her confidence in this innovative project, which will have a prominent impact in boosting the success of youth projects."
News from the Oman News Agency (here) of a seminar conducted with WIPO on the enforcement of intellectual property in Oman. The report reads:
"Muscat, May 16 (ONA) ---- Ministry of Commerce and Industry, the Royal Oman Police and the Public Authority for Craft Industries (PACI) in collaboration with the World Intellectual Property Organization (WIPO) organized today a seminar at PACI's HQs' on enforcing the intellectual property rights law by law enforcement officers.
The opening ceremony of the seminar was sponsored by Maj. Gen Sulaiman bin Mohammed al- Harthy, Assistant Inspector General of Police and Customs for Financial and Administrative Affairs who said that the seminar comes as one of a series of seminars that aim at protecting the national products and preventing the entry of imitated products to the Sultanate through land and marine ports.
The first seminar sessions included a number of topics, such as the different intellectual property rights, adopting a balanced approach in enforcing these rights and the legalnational framework through which the IP rights can be enforced."
This part of the Empty Quarter likes outreach schemes. The Global Intellectual Property Academy (here) has usefully produced it's materials in Arabic (here). Useful. Thank you.
News from WIPO today that these parts of the PCT Guides for Oman have been updated:
General Information - Annex B (here)
Receiving Offices - Annex C (here)
News from good friends Saba & Co (here) and AGIP (here) of progress by Kuwait towards joining the Patent Co-operation Treaty.
Saba reports:
"Barely a year and a half after issuing Law no. 36/2014 paving the way for Kuwait’s accession to the Paris Convention in November 2014, Kuwait’s Council of Ministers voted and published on March 27, 2016 a new law, Law no. 11/2016, which paves the way for the country’s accession to the Patent Cooperation Treaty.
Building on its determination to strengthen and enforce its economic growth, Kuwait realizes that a developed and advanced IP system is an important tool in achieving this goal. With the introduction of this Law, the Council empowers and entrusts the Foreign Ministry with depositing its instruments with the WIPO thus ushering a new era of patent procurement in Kuwait. The actual date of accession and the date on which the Treaty will go into force are yet to be determined.
Needless to say, there are a number of questions that remain unanswered at this stage, as it is important to determine if following the implementation of the Law, the Patent Office will introduce and publish new regulations which would provide for local substantive examination and search capabilities to name a couple. Furthermore, it remains uncertain if the Patent Office intends to start granting patents and receiving annuity payments.
We expect these issues to be addressed during the period between the country’s accession and the first deadlines for national stage entries of PCT applications in Kuwait.
Should you have any questions, or require any additional information, please contact us at news@sabaip.com"
AGIP reports:
"KUWAIT – Kuwait’s Council of Ministers published the new Law No. 11/2016, which represents a step in the country’s accession to the Patent Cooperation Treaty (PCT).
Joining the PCT enables Kuwait to register international patents through the national offices of the state members. The PCT system is considered more cost effective than filing separate national or regional applications. However, the published law is effective only after signing the agreement and publishing the implementing regulations."
News reaches this part of the Empty Quarter of changes to publication of trade marks in Saudi Arabia.
The Trade Mark Office is moving the publication of marks from the Ministry of Commerce & Investment website (http://eservices.mci.gov.sa/Eservices/Commerce/Trademarks.aspx). The new website is set up only for the purposes of publication (http://aamaly.sa/TM). Unfortunately, the new website does not, at the moment, include the trade mark number in the publication.
News from good friends Saba & Co (on their website here) that the Kuwaiti Patent Office is no longer accepting patent applications and that all new applications must be filed at the GCC Patent Office. The report reads:
"The Kuwaiti Ministry of Trade and Industry approved Law no. 115 of 2016 on the regulations implementing patent Law no. 71 of 2013. The new Law was published on April 3, 2016 and went into effect the following day.
Accordingly, the Kuwaiti Patent Law and regulations which are in force as of April 4, 2016 are the GCC Patent Law and its Implementing Regulations, respectively. Indeed, Kuwaiti Law no. 71 of 2013 is the GCC Patent Law, while Kuwaiti Law no. 115 of 2016 is the regulations implementing the GCC Patent Law.
Furthermore, the Kuwaiti Patent Office stopped accepting new patent applications as of April 4, 2016. It is advising parties interested in seeking patent protection in Kuwait to utilize the GCC regional patent office. As a reminder, a GCC patent application automatically designates all six GCC member countries, and no further validation is required upon grant.
Given that Kuwait recently issued a law (Law no. 11/2016) paving the way for the country’s accession to the PCT, we expect more news to come out of the country with regards to its patent system.
Should you have any questions, or require any additional information, please contact us at news@sabaip.com"
News from good friends Saba & Co (on their website here) of the formation of a Grievances Committee to hear issues relating to patent applications. The report reads:
"Now that the Qatari Patent Office has been actively examining patent applications for the past several months and has even issued decisions on several applications, there is a need for applicants and interested parties to have a clear mechanism for appealing or opposing such decisions. As part of the country's efforts in advancing its IP procurement, Qatar recently approved a draft decision on the formation of a Grievances Committee.
The Committee is to be headed by the Director of the Patent Office and its members will be composed of representatives from the Minister of Economy and Commerce, Qatar Foundation for Education, Science and Community Development, and Qatar Chamber of Commerce. The Committee's main functions will include handling enforcement and litigations concerning registration of patents and compulsory licenses.
Should you have any questions, or require any additional information, please contact us at news@sabaip.com"
News from good friends Saba & Co (on their website here) of changes to practice in Iraq for class 5 applications. They report that:
"The Trademark Office in Baghdad recently introduced a revised set of requirements in support of trademarks applications in class 5, even though there was no Ministerial Resolution issued in this regard. Applicants are now required to provide the information listed below when filing applications covering pharmaceutical and veterinary preparations and sanitary preparations for medical purposes. This will apply on all new as well as pending applications that have not been examined yet.
- International Nonproprietary Name
- Name of manufacturer
- Name of distributor
- Drug formulation/Dosage form
After submission of the above information, the TMO is expected to obtain the approval of the country’s Ministry of Health before the underlying applications are placed for examination. The application will be rejected on formal grounds if applicant fails to provide all of the required information. It is still unclear whether the information must be admitted at the time of filing or within a specified period of time from filing date.
Syria is the only country in the Arab region to impose filing requirements that are specific to class 5 only (certificate of origin and list of ingredients). With Iraq now on board, the registration process for pharmaceutical trademarks becomes unique to class 5 in these two countries. For the remaining countries in the region, the process remains standard regardless of the type of class involved.
We will be reviewing files of all pending trademark applications and will be notifying clients of all missing information in order to complete the records at the TMO, and eventually place the applications in the pipeline for examination.
Should you have any questions, or require any additional information, please contact us at news@sabaip.com"
Hot on the heels of the publication of the USTR Special 301 report last month in wish Kuwait remained on the Special Watch List in part due to not having passed a new Copyright Law, news reaches this part of the Empty Quarter that the National Assembly in Kuwait approved the draft law yesterday.
The Special 301 report (here) says:
"Kuwait remains on the Priority Watch List in 2016. Kuwait was elevated from the Watch List in November 2014 at the conclusion of an OCR, because Kuwait failed to introduce to the National Assembly a copyright law consistent with international standards, and had not resumed effective enforcement against copyright and trademark infringement. Although Kuwaiti officials initially took steps to resume enforcement following the announcement of the 2014 OCR, effective enforcement actions have reportedly significantly decreased since June 2015, particularly against trade in counterfeit goods. The United States awaits improvements in copyright and trademark enforcement and the passage of long-overdue copyright legislation that is consistent with Kuwait’s international commitments. The United States stands ready to work with Kuwait toward resolving these important issues."
The Arab Times online (here) reports:
"KUWAIT CITY, May 10: The National Assembly unanimously approved the draft law on copyright and related rights in the first and second deliberations on Tuesday. Information Minister and State Minister for Youth Affairs Sheikh Salman Al-Sabah thanked the Parliament for adopting the law, considering its importance in the culture of Kuwait.
According to the report of the Educational, Cultural and Guidance Affairs Committee, Kuwait joined several regional and international conventions on intellectual property rights because of the need to protect copyright and related rights.
The law consists of 45 articles in three chapters. Article One defines ‘written work’ as every innovative literary, artistic or scientific work or a way of expression with significance or purpose. The same article defines ‘related rights’ as the rights inherent in the author’s copyright and anything similar in some respects (right of public performance, the right of producers of phonograms or right of broadcasting institutions).
Article Two states that protection accorded to copyright and related rights covers natural and legal persons — Kuwaitis, foreigners who are permanent residents in the State of Kuwait and foreigners from any of the member-States in the Berne Convention for the protection of literary and artistic works or in the World Trade Organization and others.
Article Four enumerates cases where protection is not applied as per the law.
Article Five states that national folklore is owned by the public so the National Council for Culture, Arts and Literature must fully support such works.
Article Six stipulates that the moral rights of the author and his general successor over his written books is permanent and cannot be waived or confiscated.
Article Eight gives authority to the National Council for Culture, Arts and Literature to exercise the moral rights provided for in Article Six if the author dies without an heir, as well as the works of unknown authors.
Article 37 grants the customs authorities the right to order non-customs clearance for goods if any of the protected rights is violated. Article 38 mandates the Kuwait National Library to establish a register for depositing works, sound recordings, radio shows and performances, while the executive regulations should determine procedures and rules in this regard.
Article 39 stipulates the right of the concerned persons to lodge a complaint against decisions on refusal to register and deposit works.
Article 40 states that the Public Prosecution has the sole authority to investigate, act and prosecute in all crimes arising from the application of the law within the jurisdiction of the Criminal Division in the High Court to look into criminal proceedings stipulated in this law and allows submission of an appeal regarding its ruling."
The electronic copy of the Al Tamimi & Co law update arrived recently and includes an article on the 'New Kuwait Trademark Registration Procedures'. The full text can be found on their website here.
The electronic copy of the Al Tamimi & Co law update arrived recently and includes 'An Overview of IP Laws in Egypt'. The full text can be found on their website here.
Following earlier reports (here and here) of the accession of Saudi Arabia to the PCT, news from good friends SMAS, Saba, and AGIP of the amendments to the implementing regulations relating to the implementation of the PCT in Saudi.
SMAS report in a circular sent by email in January 2016 that:
"King Abdulaziz City for Science and Technology (The Saudi patent office ) has issued the amended Implementing Regulations of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, the Regulations included new provisions regarding patent applications filed under the PCT scheme. This came in line with accession of Saudi Arabia to the PCT. The major amendments could be outlined as follows:
- The Saudi patent office became receiving office of international PCT applications.
- The Patent Office shall consider the international filing date of the PCT application as the date of filing the national phase application.
- The annuity fees for national phase applications shall be based on the international filing date of the PCT application starting from the 1st annuity and shall be paid at the beginning of each Calendar year, starting with the year following the filing of the international application, where the said fees are paid , together with accumulated annuity fees.
- All the formal requirements, including the legalized Power of Attorney, Deed Of Assignment and Priority documents, shall be fulfilled within 60 days from the filing date.
- Correction of priority claim or addition of priority is possible through request submitted to the Patent Office provided that the conditions pertinent thereto, as stipulated by the Regulations, are fulfilled and the prescribed fees are paid .
- Restoration of patent application which was rejected or abandoned due to reasons beyond applicant will, is possible through request submitted to the Patent Office provided the conditions pertinent thereto as detailed by Regulations are fulfilled and the prescribed fees are paid.
- In case applicant has not been able to comply with the request(s) of the Patent Office within the specified grace period it would be possible to request further two months extension prior to expiry of initial deadline provided the conditions pertinent thereto are fulfilled and the prescribed fees are paid . Annuity fees are exempted from such extension and should be paid within the prescribed grace period.
- Multiple design applications are not acceptable in Saudi Arabia , and a design application should not incorporate more than 7 drawings.
The aforesaid new Implementing Regulations are effective as of 19 December 2015.
Should you need any assistance and/or information in respect of the above matter, please do not hesitate to contact us at saudi@smas-ip.com."
Saba's February newsletter (here) contained this report:
"Saudi Arabia recently published new Implementing Regulations of the Patent Law to include provisions concerning the national stage entry of PCT patent applications. These regulations entered into force starting December 19, 2015.
Revisions to the Implementing Regulations include the possibility of requesting extensions of time during prosecution, and the possibility to restore abandoned or canceled patent applications.
According to the new regulations, the international filing date will be the filing date of a PCT national entry and the base year for calculating annuities. Annuity fees for applications will still be due between January 1 and March 31 of each year, starting with the first payment that will include any back payments the year following the entry date. The usual grace period with a late fee will still apply through June 30 of the same year.
Should you have any questions, or require any additional information, please contact us at news@sabaip.com"
AGIP's January newsletter contained this report:
"The Patent office has implemented a new calculation of PCT National Phase annuity years as from January 1, 2016. The new calculation stipulates that the annuity year starts from the international filing date of the corresponding PCT application.
According to the Patent Office, all pending annuities are due for payment during the period from January 1st till March 31st, 2016.
The patent term of the Saudi Patents through PCT applications is 20 years calculated from the international filing date."
News from WIPO that these parts of the PCT Guides have been updated:
Receiving Offices – Annex C:
Bahrain (here)
Egypt (here)
Qatar (here)
Saudi Arabia (here)
Syria (here)
International Searching Authorities – Annex D
Egypt (here)
International Preliminary Examining Authorities – Annex E
Egypt (here)
This part of the Empty Quarter has stumbled across the official Oman eGovernment Services Portal (oman.om), part of the government's eOman Strategy. The site is clearly set out and easy to use. Importantly, there is a section for Intellectual Property (here) and usefully a section on how to request a search of a trade name (here).
The Intellectual Property section links through to the website of the Ministry of Commerce & Industry (here) where there are copies of the laws in Arabic.
This part of the Empty Quarter is delighted to see large amounts of useful information made available to businesses and consumers by the Omani government.
News from WAM (here) and Gulf News (here) of the signing of an agreement between the UAE and Jordan in November 2015. The report on WAM reads:
"The UAE Ministry of Economy and the Jordanian Ministry of Industry, Trade and Supplies, have signed a Memorandum of Understanding, MoU, envisaging a wide-ranging cooperation between the two countries in the fields of innovation and research, and developing Small and Medium Enterprises, SMEs.
The three-year agreement, which consists of 13 clauses aims to build a long-term strategic alliance between the two sides.
The MoU was signed in Amman by Sultan bin Saeed Al Mansouri, Minister of Economy, and Maha Ali, Jordanian Minister of Industry, Trade and Supplies, during the UAE-Jordan Economic Forum and in the presence of Dr Abdullah Al Nasour, Prime Minister of Jordan.
The MoU reflects the desire of both countries to set up a reciprocally beneficial network of business cooperation for young entrepreneurs running SMEs.
Both countries are also cooperating in the exchange of knowledge and expertise among relevant government departments, including the Jordan Investment Authority and Jordan Enterprise Development Corporation, JEDCO, and equivalent UAE bodies such as the SMEs Council, SME Fund, and the Chambers of Commerce and Industry.
The agreement will look into preparing a work plan to identify further areas of cooperation as well as to encourage government entities, business development centres, and private sector organisations to set up joint projects among SMEs focusing on technological innovation. It will also facilitate access to sources of funding, help SMEs explore viable market opportunities, and enable exchange of information on intellectual property rights pertaining to SMEs in both the UAE and Jordan.
In addition, the agreement will explore the possibility of cooperation for purposes of building networks of communication and brokerage business between important stakeholders involved in innovation initiatives such as companies, academic and research institutions, and business development firms, particularly those involved in the SME sector. The agreement will enable mutual coordination among various government departments to remove the commercial hurdles facing SMEs.
The MoU also envisages closer interaction among government, academic and private sector organisations in both countries on a regular basis, and another key aspect is the inclusion of social responsibility as an integral part of all partnerships developed as a result of this agreement.
Sultan Al Mansouri said that the MoU is consistent with the directives of President His Highness Sheikh Khalifa bin Zayed Al Nahyan, and in line with the UAE Cabinet's announcement of 2015 as the UAE Year of Innovation.
He said, "This MoU is part of our efforts to actualise the National Strategy for Innovation that Vice President and Prime Minister and Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, launched last year. The Vice President has stressed the need to deepen cultural innovation nation-wide. This vision reflects the Ministry's own strategy to expedite the process of transition to a knowledge economy based on creativity and innovation in tune with the UAE Vision 2021 that seeks to enhance the country's global competitiveness and economic sustainability." The UAE Minister of Economy pointed out that the importance of the MoU is highlighted with the fact that it focuses on three areas of paramount importance for the country, and they are: Innovation, SMEs and research and development.
He said, "These are areas that form the strategic pivot of the wise leadership?s determination to make the UAE a leader in many fields. Innovation is not a choice, but an imperative for any country trying to consolidate its position in the global economy. The UAE realised this early on and included innovation among its goals as far back as in its Vision 2012." Al Mansouri added, "Last year, His Highness Sheikh Mohammed bin Rashid Al Maktoum launched the National Strategy for Innovation. The strategy included 30 initiatives to be implemented in three years. Covering seven sectors - energy, transportation, health, education, technology, water and space. The strategy proposed the setting up of the National Innovation Committee to convene a number of federal entities to work together on the execution of the National Innovation Strategy and to involve the private sector in the drive." Many public sector and private sector organisations have already commenced the establishment of innovation and development centres to organise economic and academic activities focused on innovation.
Al Mansouri went on to point out that SMEs played an important and contributory role in the national economy. "They were integral to the UAE's efforts to achieve sustainable development, and helped enhance the country's global competitiveness, while also supporting its transition to a knowledge economy based on creativity and innovation," he said.
The promotion of SMEs and encouragement of young entrepreneurs is also part of the UAE?s efforts to diversify its economy. SMEs currently constitute 94% of companies operating in the UAE, and contribute around 60% of the country's GDP. The UAE Government is looking to take this figure to 70% by 2021. In this context, strengthening cooperation with other countries with respect to SMEs is crucial to the UAE's economic sustainability objectives.
Also commenting on the agreement, the Jordanian Minister Maha Ali, said, "This MoU is an important bilateral partnership. It will add a new and collaborative dimension to the relations between our countries," confirming that innovation, SMEs and research and development is one of the important sectors of strategic development for both the UAE and Jordan."
